LAWS(HPH)-2022-4-49

RAJESH KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On April 22, 2022
RAJESH KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 439 of Code of Criminal Procedure (in short 'Cr.PC'), seeking regular bail in case FIR No. 89 of 2020 dtd. 19/3/2020, registered under Ss. 20 and 29 of Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') in Police Station Bhuntar, District Kullu H.P.

(2.) Status report stands filed and record was also made available.

(3.) Prosecution case, in brief, is that on 18/3/2020 at 9.30 PM, police party was present for traffic checking and had laid Naka at TCP Bajora and was checking the vehicles. At that time, a bus coming from Bhuntar side was stopped by police. Police party, after inquiring the names of driver and conductor, in their presence, had started checking the luggage of passengers. During checking, a passenger sitting on seat No. 23 appeared to be perplexed who was trying to hide something between his feet. He could not give satisfactory answer to queries of HC Sanjay Kumar, whereupon, his luggage was checked after inquiring about his identity, who had disclosed his name as Aditya Mantri. From the bag, 1.025 Kg charas was recovered, which was taken in possession and seized by following the prescribed procedure. After sending Ruka to Police Station, FIR was registered and, thereafter, Aditya Mantri was arrested.